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For purposes of using the new EPCRA gasoline and diesel fuel thresholds, when is a retail gas station considered “not in compliance” with Underground Storage Tank (UST) requirements?

April 26, 2017diesel fuel EPCRA Gas gasoline purposes retail station thresholds

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For purposes of using the new EPCRA gasoline and diesel fuel thresholds, when is a retail gas station considered “not in compliance” with Underground Storage Tank (UST) requirements?

1 Answer

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A facility is not in compliance with the UST requirements (and therefore not eligible for the new EPCRA thresholds) when it first fails to meet the UST requirements. For example, if an owner or operator of a retail gas station has a tank system that was not in compliance with UST requirements that went into effect in December of 1998 (see 40 CFR 280.21(a) and 281.31), that owner or operator can not apply the new thresholds in today’s rule for the EPCRA section 312 report that is due March 1, 1999.